Nigerian student Olukunle Elukanlo cannot be deported until the High Court hears and determines his infant son's legal challenge to his father's proposed deportation, a judge ruled yesterday.
Ms Justice Elizabeth Dunne yesterday granted an injunction restraining the deportation of the 21-year-old Nigerian until the court decides the legal challenge by his four-month-old son.
While the judge found Mr Elukanlo himself had not established substantial grounds to permit him to bring his own challenge to his deportation, she granted leave for proceedings to be brought on behalf of the child, who cannot be named by order of the court.
Mr Elukanlo was originally deported in March 2005 but after public demonstrations from classmates at Palmerstown secondary school he was allowed back to sit his Leaving Certificate. However, an order for his deportation was made by the Minister for Justice last March.
In her judgment, Ms Justice Dunne said it may well be considered that it is not open to a child not born at the time of making of a particular order or decision to challenge it.
However, in this case, the child at the centre of the decision may have such a right.
There was an arguable issue to be tried as to whether a child who is not born at the time of the making of the decision to deport is entitled to have its rights considered.
Such a child had rights which have to be safeguarded and considered and this child was entitled to argue that the Minister for Justice did not consider all of his rights in reaching the decision to deport Mr Elukanlo in March.